Landlord Can't Collect Washing Machine Surcharge

July 31, 2004

LVT Number: 17505

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,200, including interest and triple damages. Landlord appealed, claiming that it was entitled to collect a $20 monthly washing machine surcharge from tenant and that this was omitted from the DRA's calculation of the legal rent. The DHCR ruled against landlord. Tenant admitted he had a washing machine in the apartment but said the super had taken action that prevented him from using it.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,200, including interest and triple damages. Landlord appealed, claiming that it was entitled to collect a $20 monthly washing machine surcharge from tenant and that this was omitted from the DRA's calculation of the legal rent. The DHCR ruled against landlord. Tenant admitted he had a washing machine in the apartment but said the super had taken action that prevented him from using it. In addition, landlord didn't know when the washing machine was purchased and when consent for its use was given. There was no proof that landlord ever charged tenant the washing machine surcharge. So it couldn't be included in the calculation of the legal rent.

Caton, LLC: DHCR Adm. Rev. Dckt. No. SC210083RO (5/14/04) [3-pg. doc.]

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